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HB 95

Health Care Providers - Assisted Reproductive Treatment - Informed Consent and Fraud

2025 Regular Session Introduced by Nick Allen

HB 95 mandates explicit informed consent for assisted reproductive treatment and establishes fraud protections for Maryland fertility patients.

Hearing 3/05 at 2:40 p.m.
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Bill Summary · HB 95

Legislative bill overview

HB 95 requires health care providers offering assisted reproductive treatment (ART) to obtain explicit informed consent from patients and establishes legal protections against fraudulent practices in fertility services. The bill appears designed to enhance patient protections and transparency in a medical field where financial stakes are high and vulnerable populations seek treatment.

Why is this important

Assisted reproductive treatments are expensive, emotionally demanding, and often not covered by insurance, making patients particularly vulnerable to incomplete information or deceptive practices. Clear informed consent requirements and fraud protections can help prevent financial exploitation and ensure patients understand treatment risks, success rates, and alternatives before committing significant resources.

Potential points of contention

  • Scope and specificity: Unclear what constitutes adequate "informed consent" documentation—overly broad definitions could create burdensome compliance requirements, while narrow ones may fail to protect patients
  • Liability and enforcement: Questions remain about who enforces violations, what penalties apply, and whether providers face civil or criminal liability for inadequate consent procedures
  • Industry impact: Fertility clinics may argue compliance costs increase treatment expenses, potentially limiting access, though patient advocates counter that transparency shouldn't add significant burden

Compiled from official sources — confirm details with the bill’s official record.

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